Collins Restaurants Management Pty Ltd

[2013] FWCA 9312

[2013] FWCA 9312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Collins Restaurants Management Pty Ltd
(AG2013/11472)

SIZZLER RESTAURANTS ENTERPRISE AGREEMENT 2013

Restaurants
DEPUTY PRESIDENT SAMS	SYDNEY, 3 DECEMBER 2013

Application for approval of the Sizzler Restaurants Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Collins Restaurant Management Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Sizzler Restaurants Enterprise Agreement 2013 (the ‘Agreement’). The Agreement is to cover 1747 employees who are engaged in New South Wales, Queensland and Western Australia at the applicant’s restaurants (except for North Queensland), commonly known as Sizzler, in non-managerial and non-supervisory roles. I was informed that similar employees of the applicant’s North Queensland operations are covered by a collective agreement that has not reached its nominal expiry date. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 4 October 2013, and voting for the Agreement’s approval took place between 30 October and 2 November 2013. The time limits under s 181(2) of the Act are thereby satisfied. In an electronic ballot, 513 of the 558 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 14 November 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr B Finch, Director of Human Resources, identified the Collins Finance and Management (Sizzler Restaurant) Employees Award 1998 [AP774096] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Finchsaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial, than the terms of the relevant reference instrument and that there are no less beneficial terms. The Agreement provides for minimum part time employment, higher rates of pay and slightly more generous allowances. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 10 and 8 respectively, and a disputes resolution procedure at clause 9 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 25 November 2013, Mr L Moloney and Ms E Larkin of Livingstones Employment Relationship Advisorsappeared with Mr B Finch for the applicant. Mr Moloney outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. Mr Moloney explained that the relevant employees had been covered by the enterprise award since 1998. He also said that the rates of pay were to be increased by 1% from the first pay period on or after the operative date of the agreement and that, thereafter, rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Sizzler Restaurants Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 2 December 2013 and have a nominal expiry date of 1 December 2017.

DEPUTY PRESIDENT

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